5 Amendments of Catherine STIHLER related to 2011/0373(COD)
Amendment 180 #
Proposal for a directive
Recital 20
Recital 20
(20) ADR procedures should be free of charge or of moderate costs for consumers so that it remains economically reasonable for consumers to use such procedures. In the event that costs are applied, they should be reasonable, proportionate and modest to ensure that the ADR procedure is accessible, attractive and at a low cost for consumers. This should not restrict the ability of dispute resolution services which already operate by charging businesses for their services on a case by case basis or an industry-wide levy.
Amendment 226 #
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1 a (new)
Article 2 – paragraph 1 – subparagraph 1 a (new)
An agreement between a consumer and a trader to submit complaints to an ADR entity should not be binding on the consumer if it was concluded before the dispute arises and if it deprives the consumer of his right to bring an action before the courts for the resolution of the dispute. In the case of ADR entities which impose solutions, the solutions should only be binding on the parties if they were informed of binding nature in advance and specifically accepted this. This provision should not apply where national rules provide that solutions are binding on the trader.
Amendment 322 #
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
Member States may provide for procedural rules that can be applied by an ADR entity in order to ensure that it only deals with those disputes which are appropriate to be dealt with through ADR and that these disputes are submitted in a timely manner. Member States should ensure that such procedural rules do not unreasonably limit the scope of application of ADR in that Member State.
Amendment 356 #
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9 a 1. Member States shall ensure that the decision taken by the ADR entity shall be binding on the parties only if they were informed of its binding nature in advance and specifically accepted this. 2. Member States shall ensure that an agreement between a consumer and a trader to submit complaints to an ADR entity is not binding on the consumer if it was concluded before the dispute arises and if it deprives the consumer of his right to bring an action before the courts for the resolution of the dispute. This provision shall not apply where national rules provide that solutions are binding on the trader.
Amendment 385 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Each Member State shall designate an authority as competent authority in charge of monitoring the functioning and development of ADR entities established on its territory. Each Member State shall communicate the authorityterms of Articles 16 and 17. Each Member State may designate more than one competent authority. If a Member State does so, it shall determine which of the competent authorities designated is the single point of contact for the Commission among the competent authorities established on its territory. Each Member State shall communicate the authority or, where appropriate, the competent authorities including the single point of contact it has designated to the Commission.